NIH Boardof Contract Awards Review Checklist

CONSTRUCTION (SEALED BIDDING) ACQUISITIONS

Review Type

( ) Presolicitation( ) Preaward( ) Postaward

Office of Acquisition
Awarding Office
Presolicitation or Contract Number
Contract Specialist
Contracting Officer
Total Price/Estimated Cost
Period of Performance

Brief Description of Items or Services Being Acquired

Section A – Acquisition Planning

No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
Aa / Acquisition Planning
A.1 / Was W
Was adequate market research performed? / FAR 7.102,10.001, 10.002; 12.101 (over Simplified Acquisition Threshold); HHSAR 307.71, 310
A.2 / Does File contain an adequate Acquisition Plan (AP), addressing all FAR and HHSAR requirements, including, as required, a discussion in the AP of Internet Protocol Compliance? / FAR 7.105; HHSAR 307.71 (>$500K – but see documentation requirements for <$500K or other exceptions at 307.7101)
HHS AP template
A.3 / Was acquisition plan developed by entire team and has each participant been identified in the AP? / FAR 7.102(b), FAR 7.105
A.4 / Does AP discuss the rationale for the contract type selected and is type appropriate for the requirement? / FAR 7.103, 7.105,16.103
HHS AP template
A.5 / If brand name description used, specifying a particular brand name, product or feature of a product, peculiar to one manufacturer, was written justification prepared and approved? / FAR 6.302-1(c), 6.302-1(d), 6.303, 6.304
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.6 / If brand name or equal, does the purchase description cover the salient physical, functional or performance characteristics of brand name? / FAR 11.104
A.7 / Did the Government develop an independent government cost estimate and is it adequate? / FAR 7.105; 36.203, HHSAR 307.7103
A.8 / Is there evidence of milestone planning/scheduling? / FAR7.105(b)(20); HHSAR 307.7106
A.9 / Is there evidence of adequate funding or intent to commit funds? / HHSAR 307.7104
A.10 / Does the file contain evidence ofPO and COTR, or as applicable, Program and/or Project Managerrequired training, or authorization to perform these duties on interim basis? / HHSAR 301.604-301.607
A.11 / If solicitation for information or planning purposes, has it been conducted properly? / FAR 14.105, 15.201, HHSAR 315.201
A.12 / Was Wage Determination (WD) obtained from the Wage Determinations on-line (WDOL) site ( or if a general WD was not available on WDOL, did CO request a WD from DOL on SF 398 at least 45 days prior to issuing RFP? / FAR 22.404-1, 22.404-3 (over $2000)
A.13 / If requirement is potentially appropriate for Safety Act protections, is there evidence in the file that the program office obtained pre-qualification notice? / FAR 50.205-2(a)(3)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.14 / If funded with disaster assistance funds and requested by the DHS, does the acquisition include requirement to display any fraud hotline poster applicable to specific project? / FAR 3.1003(b)(2)
A.15 / If contracting for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities in the U.S. & outlying areas, has the CO consulted the Disaster Response Registry at ? / FAR 4.1104, 7.103(v), 18.102. 26.205
A.16 / Has the CO used commercially available market research methods to identify the capabilities of small businesses and new entrants into Federal contracting that are available to meet the government’s requirements for a contingency operation or defense against or recovery from nuclear, biological, chemical, or radiological attack and disaster relief, including debris removal, distribution of supplies, reconstruction and other disaster or emergency relief activities? / FAR 10.001(a)(2)(v)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.17 / If multi-agency or intra-agency contracting is to be used, has sufficient market research been performed to consider relative merits/costs of available contracts and contracting offices to meet the requesting organization’s need? / HHSAR 317.7002
A.18 / Has CO given consideration as to whether the use of a project labor agreement is appropriate for the construction project, and, if so, included the proper language in the solicitation? / FAR 22.5 (applicable to construction projects >$25 million)
A.19 / If applicable, has CO checked the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor ( / FAR 22.1503
Small Business
A20 / If exceeding specified thresholds, was acquisition plan coordinated with small business specialist (HHS-653) and review and approval granted by the SBA PCR? If applicable, were proper appeal procedures followed? / FAR 7.104(d); HHSAR 319.501
A.21 / If CO rejects the SBS’ or SBA PCR’s recommendation, has the justification been documented on the HHS Form 353 and, if SBA PCR recommendation has been rejected, has the SBA PCR been notified? / FAR 19.202-1, FAR 19.505, HHSAR 319.501
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.22 / If this requirement was previously an SBSA, and its current size makes it unlikely for competition by SBs, or the requirement involves bundling, has coordination with SBA PCR taken place at least 30 days prior to release of RFP? / FAR 19.202-1(e)(1); 19.501(f)
FAR 10.001
A.23 / Was Hub-Zone set-aside considered? / FAR 19.1305
A.24 / Has service-disabled veteran-owned small business (SDVOSB) set-aside been considered? / FAR 19.1405
A.25 / Has Women-Owned Small Business (WOSB) set-aside or Economically Disadvantaged Women-owned Small Business (EDWOSB) set-aside been considered? / FAR 4.803(a)(6), 4.803(a)(42), 6.207, 18.117, 19.402
A.26 / If Small Business Sources Sought synopsis is used, has it been properly prepared? / HHSAR 319-202-2
Bundling/
Consolidation
A.27 / Does Acquisition Plan address bundling/consolidation, and if anticipated, was market research conducted to determine whether bundling was necessary and if so, was it justified and approved? / FAR 7.107, 16.505(a), 19.202-1(e)(1)
A.28 / If bundled contract, has notification to affected incumbent SB concerns taken place? / FAR 10.001(c)(1) & (2)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.29 / If bundled contract anticipated, has notification to affected incumbent SB concerns taken place at least 30 days prior to release of IFB? / FAR 10.001(c) & (2), 19.202-1(e)(1), 19.501
A.30 / Has coordination of anticipated bundled contract taken place with HHS SBS and SBA PCR? / FAR 19.202-1(e)(1)(iii)
A.31 / Do requirements documents achieve maximum practicable energy efficiency, as well as use of recovered materials, environmentally preferable materials, energy- and water-efficient products, renewable energy technologies, products containing energy-efficient standby power devices, ENERGY STAR or FEMP products as required, and biobased products, as applicable? / FAR 11.101(b), FAR 23.2, 23.4, 23.7
A.32 / If requirement is for electronic products, are the Electronic Product Environmental Assessment Tool (EPEAT) standards being used? / FAR 23.705
A.33 / If Government property is to be furnished to awardee, did CO assure that required criteria are met? / FAR 45.102
Services
A.34 / Is there documentation that the services, if applicable, do not represent an inherently governmental function? / FAR 7.503; 11.106
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.35 / If applicable, has a performance-based acquisition (PBA), including PBA SOW, been written and has the acquisition plan discussed the strategies for implementing a performance-based acquisition (including associated measures, incentives, if any, and quality assurance surveillance plan)? / FAR 7.105, 37.102, 37.6, HHSAR 307.105, HHS AP
A.36 / If a PBA acquisition is not being contemplated, has the AP addressed the rationale for not using PBA? / FAR 7.104, 37.102, 37.6, HHSAR 307.7105
HHS AP
Sources
A.37 / Has use of priority sources and existing contracts (i.e., FSS, IDIQ, GWACs) been considered? / FAR 8.002
A.38 / If interagency acquisition, have proper procedures been followed? / FAR 8.404, 17.501, 17.502, 17.503, 17.504
A.39 / Has consideration been given to setting aside a part of a multiple award contract for small business concerns? / FAR 12.207, 16.505(b)(2)(i)(F)
19.502-4, 19.811-3, 19.1309, 19.1407, 19.1506
EIT/EPA
A.40 / If acquiring EIT supplies/services, was Section 508 compliance assured, proper standards included in AP and SOW/PWS, or exception documented? / FAR 39.203, HHSAR 311.7001, 339.2
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.41 / If EIT products/services required subject to Section 508, are commercially available products/services be acquired to the maximum extent practicable while ensuring Section 508 compliance? / HHSAR 312.202(d)
A.42 / If EIT products/services do not meet some or all of the applicable Section 508 accessibility standards, has a commercial nonavailability exception determination been properly processed? / HHSAR 312.2, 314.103, 339.203
A.43 / Did requirements documents and solicitations comply with the policy at FAR 11.002(d) regarding procurement of biobased products, products containing recovered materials, environmentally preferable products and services, including Electronic Product Assessment Tool (EPEAT)-registered electronic products, nontoxic or low-toxic alternatives, ENERGY STAR and FEMP-designated products, renewable energy, water-efficient products and non-ozone depleting products? / FAR 7.103, 11.101, FAR 23.1, 23.2, 23.4
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.44 / If applicable, is there a requirement to purchase recycled content and biobased products which meet or exceed the minimum recycled or biobased content of an EPA or USDA designated product? / FAR 23.403
A.45 / If construction, are requirements of E.O. 13514 included and does FedBizZOpps notice contain the proper description? / FAR 5.207(c)(11), 36.104
A.46 / If electronic commerce methods are not used, does solicitation state that contractors are required to submit paper documents to the Government related to the acquisition printed or copied double-sided on at least 30% postconsumer fiber paper? / FAR 4.302(b)
A.47 / If applicable, does solicitation for contractor-operation of Government-owned or leased facilities or vehicles located in the U.S. comply with EMS requirements? / FAR 23.9
IT/FISMA Issues
A.48 / If access to federal facility is contemplated, have requirements of FAR and HHSAR been assured? / FAR 7.103(u); HHSAR 304.13
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.49 / If IT requirement, have agency planners complied with capital planning and investment control requirements in 40 USC 11312 and OMB Circular A-130? / FAR 7.103(t)
A.50 / If IT requirement, are IT security requirements in FISMA, OMB’s implementing policies (including Appendix III of OMB Circular A-130) and NIST guidance and standards being followed? / FAR 7.103(u), 39.101, 39.106, HHSAR 304.13, 339.1, 339.2
A.51 / If commercial IT is being acquired, has exemption from Buy American Act been assured? / FAR 25.103(e)
A.52 / If IT requirement, are appropriate IT security policies and requirements, including use of common security configurations available from NIST at incorporated in RFP? / FAR 39.101(d), HHSAR 339.1, 352.239-70
OCOI/COI
A.53 / If potential for OCOI/COI determined, did CO get advice of technical specialists and OGC in evaluating potential conflicts? / FAR 9.504(b)
(Req. unless waived by agency head)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.54 / If significant potential COI, did CO provide written analysis, recommended course of action, draft IFB provision and proposed contract clause, as applicable, to the chief of the contracting office for resolving the conflict? / FAR 9.504(c), 9.506(b)(1)-(3)
(Req. unless waived by agency head)
IDIQ Contracts
A.55 / If IDIQ, are multiple awards anticipated, or does the file document why a single award is contemplated? / FAR 16.504(c)
A.56 / If IDIQ, have procedures for ordering been included? / FAR 16.504
A.57 / If IDIQ, have minimum and maximum quantities been included? / FAR 16.504
A.58 / If IDIQ, has period of performance been included? / FAR 16.504
A.59 / If establishment of GWAC, MAC or agency-specific contract anticipated and solicitation released after 12/31/2011, was business case developed & approved over $250 million (FY13- approval threshold is $100 million, FY 14 approval threshold is 50 million, and is Part I of the business case posted on the “Business Case Community Page” in MAX ( ? / OFPP Memorandum dated 9/29/11
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
D&Fs/Justifications
A.60 / If IDIQ >$103M (including all options), is D&F approved by HCA in file? / FAR 16.504(c)(1)(ii)(D)
A.61 / If applicable, has D&F been executed for evaluation or non-evaluation of options? / FAR 17.202(a), 17.206
A.62 / If IFB is to include Quantity Surveys, (FAR 52.236.16, Alt. 1), has determination been made at one level above CO? / FAR 36.516
A.63 / If warranties were determined appropriate, did CO consider criteria for use and stipulate limitations? / FAR 46.703, 46.705
A.64 / If liquidated damages planned, are they adequately documented as to their need, and not considered a penalty? / FAR 11.5
A.65 / If multiyear contracting is used, hasHCA determination been properly executed, or if conditions at HHSAR 317.105-1(b) are present, is SPE approval obtained and Congress notified, as applicable? / FAR 17.105-1; HHSAR 317.105, 317.108 (including interim HHSAR coverage)
A.66 / If options used as part of multi-year contract, is the performance of a non-severable service no longer than 5 years? / HHSAR 317.107
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.67 / If circumstances described at HHSAR 317.7003 or 317.7004 are present, have necessary D&Fs been prepared and approved? / HHSAR 317.7003, 317.7004
A.68 / If source(s) are excluded under FAR 6.202, has determination been made and approved? / FAR 6.202(b), HHSAR 306.202
A.69 / If acquisition meets the definition of “emergency acquisition flexibilities” have the available acquisition flexibilities or emergency flexibilities been considered, and if not, has the action as written been justified as to rationale for not using these flexibilities? / FAR Part 18
A.70 / If applicable, has D&F been approved under Buy American Act-Construction Materials? / FAR 25.2
A.71 / Did CO determine insurance levels against loss of or damage to Government property and need for bonds? / FAR 28.306(b)(1)
Synopsis
A.72 / Has proper presolicitation notice been published? / FAR 36.213-2
A.73 / If no FAR exception, has the acquisition been published in the FedBizOpps? / FAR 5.101 (>$25,000), 5.202, 5.203(a) (may be < 15 days-commercial items)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.74 / If CO believes that advance notice is not appropriate, has memo been sent to HHS requesting relief from synopsizing and has it been approved? / HHSAR 305.202
A.75 / Did advance notice disclose magnitude of construction project in terms of price ranges? / FAR 36.204
A.76 / Is there a compliant presolicitation notice (or waiver)? / FAR 36.213-2(b)
(unless waived by HCA)
A.77 / If brand name specifications were used was justification documented in file and posted to the GPE system (i.e., FedBizOpps [FBO]) with IFB? / FAR 6.302-1(c), 6.305(c), 11.105, OFPP Memo 4/17/06, OMB Memo 11/28/07
A.78 / If notice in GPE (i.e., FBO) is not required, is file documented re: use of brand name specifications? / FAR 11.105, OFPP Memo 4/17/06
A.79 / If Small Business Sources Sought synopsis is used, has it been properly prepared? / HHSAR 319.202-2
A.80 / If Safety Act is applicable, does pre-solicitation notice state that pre-qualification designation notice has been requested and either issued or denied by DHS? If designation notice has been issued, has it been incorporated into IFB? / FAR 50.205-2(b)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.81 / If Safety Act is applicable, has the contracting officer determined whether a block designation or a block certification has been granted by DHS? / FAR 50.205-1(a)
Misc. Issues
A.82 / Does the IFB include time of delivery or performance schedule? / FAR 11.4
A.83 / If lease, is there a record of a lease or buy determination? / FAR 7.401
A.84 / If bonds/and or insurance are required, is proper information included in AP and IFB? / FAR 28.000
A.85 / If contract will involve safety/health issues, are proper clauses included? / HHSAR 323.7002
A.86 / If applicable, when Earned Value Management System is to be used, has the acquisition plan complied with procedures or has agency head exemption been obtained if CO determined not to use value engineering clause? / FAR 7.105(b)(3) and (10), FAR 34.2; HHS Earned Mgmt. Value Policy-OCIO Policy for IT EVM Procedures
A.87 / Does acquisition meet test to be considered commercial item under defense against or recovery from nuclear, biological, chemical or radiological attack, or does it meet the test under FAR 12.102(g)(1)? / FAR 12.102(f)(1), 12.102(g)(1), 18.2
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
A.88 / If commercial item acquisition for items Simplified Acquisition Threshold and <$6.5M (or>$12M for acquisitions described in FAR 13.500(e)) have simplified procedures been used under Test Program, or has file documented rationale for not using these procedures? / FAR 12.203, 13.5
A.89 / If COTS items being acquired, has the list of inapplicable laws been updated for the COTS items? / FAR Part 2, 12.103, 12.5
A.90 / If applicable, are the policies regarding the funding of contracts exceeding one year of performance, including Interim HHSAR coverage, being followed? / HHS Acquisition Policy Memorandum 2010-1, Interim HHSAR Coverage at 307.7108, 317.1, 332.7, 352.232-70, 352.272-71, 352.272-72. NCI Workform
A.91 / If applicable, are stipulated conditions present for use of 2-step sealed bidding? / FAR 14.502
A.92 / Has requisition been entered into I-Procurement (NBS) (or for NIAID – into AMBIS)? / NBS requirement
A.93 / Is there evidence of an internal file review (and Board Review if applicable) and are all issues resolved? / NIH Manual 6304.71

Section B – Solicitation Phase

No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
IFB
B.1 / Is IFB set up as a firm-fixed price or fixed price with economic price adjustment ? / FAR 14.104
B.2 / Does IFB include proper NAICS code and size standard? / FAR 19.303(a)
B.3 / Is solicitation period consistent with FAR 5.203 (i.e., transmission of notice to GPE which is published at least 15 days before issuance of RFP, and is solicitation period open for the required time (i.e., 30 days)? / FAR 5.203 (includes competitive 8(a) acquisitions)
B.4 / Does IFB include annual reps and certs? / FAR 4.1202 and 52.204-7
B.5 / If electronic commerce was used to issue IFB and receive bids, did IFB specify permitted electronic methods? / FAR 14.202-8
B.6 / Is IFB issued on SF 1442 and are proper provisions incorporated? / FAR 53.236-1 FAR Matrix, NCI RFP Workform
B.7 / If Buy-American Act –Construction Materials under Trade Agreements clause is used, has a list of all foreign construction material excepted from the requirement of the Buy American Act, other than designated country construction material been placed in paragraph (b)(3) of the clause? / FAR 25.1102; 52.225-11
B.8 / Are proper clauses included (including those specific to construction at FAR 36.5)? / FAR Part 36, 52.2, FAR Matrix, NCI Contract Workform
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
B.9 / Does IFB include disclosure of magnitude of construction? / FAR 36.204
B.10 / If liquidated damages are used, is the clause proper? / FAR 11.503
B.12 / Does IFB include appropriate Buy American Act clauses and a list of any construction material not applicable to Buy American Act requirements? / FAR 25.1102
B.13 / Does the IFB contain the proper wage determination or a statement that it will be included later? / FAR 22.404-3, 22.404-4(a)
B.15 / If contract will require contractor to have physical access to a federally-controlled facility or access to a federal information system, has FIPS PUB 201, associated OMB guidance, and requirement for inclusion of proper clause been followed? / FAR 4.13 and 52.204-9; HHSAR 304.13, 339
B.16 / Are date, place and time for bid opening clearly stated on face page of IFB? / FAR 14.3
B.17 / Does IFB include period of performance? / FAR 11.4, 36.213-3(c)
No. / Action Item / FAR/HHSAR/
NIH Policy Part / Yes / No / N/A / Comments
B.18 / Does IFB include arrangements made for site inspection and examination of data concerning performance of work? / FAR 36.210, 35.213-3(c)(5)
B.19 / Does IFB include information concerning facilities to be furnished during construction? / FAR 36.213-3(c)(6)